Answer ... In addition to contractual requirements such as consent, capacity and the existence of a legal relationship, the following requirements must be satisfied for there to be a valid arbitration agreement:
- the arbitration agreement must relate to matters that are subject to compromise;
- the arbitration agreement must be made in writing; otherwise, it shall be null and void. It will be written if it is included in written communication exchanged between the parties. This requirement is widely interpreted to include an arbitration agreement concluded by electronic offer and acceptance. The silence of agreement in this regard may be considered as acceptance of the arbitration agreement if there are continued transactions between the parties where the arbitration agreement is part thereof;
- in accordance with article 702 of the Egyptian Civil Code and article 76 of Civil and Commercial Procedures Law, the arbitration agreement may not be concluded by an agent except by virtue of private and specific written delegation; otherwise, the arbitration clause will not be effective in relation to the principal; and
- with regard to disputes relating to administrative contracts, agreement on arbitration shall be reached upon the approval of the competent minister or the official assuming his or her powers with respect to public juridical persons.
Answer ... Yes, article 23 of the Egyptian Arbitration Law (no.27/1994) states that “the arbitration clause shall be treated as an independent agreement separate from the other terms of the contract”. It goes on to specify that the validity of the arbitration agreement is not connected nor affected by the enforceability or validity of the contract to which it pertains.
Answer ... The arbitration is conducted in Arabic, unless another language or languages are agreed upon by the parties or determined by the arbitral tribunal.
The parties to the arbitration are entitled to agree on the place of arbitration in Egypt or abroad. Without such an agreement, the arbitral tribunal will determine the place of arbitration, taking into consideration the circumstances of the case and the convenience of the place to the parties. This shall be without prejudice to the power of the arbitral tribunal to convene in any place it considers appropriate to undertake any of the arbitral proceedings.
Under CRCICA rules, in absence of an agreement by the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings. The same applies to the place of arbitration that shall be determined by the arbitral tribunal, in absence of the parties’ agreement, having regard to the circumstances of the case.